HB 2184 — Requiring comprehensive sexual health education with an affirmative consent curriculum in all public schools by the 2022-23 school year in accordance with the recommendations of the sexual health education work group.

H-4528.1SUBSTITUTEH-3075.3HOUSE HOUSE BILL 2184State of Washington66th Legislature2020Legislature2019 Regular SessionByHouseSessionByRepresentatives Education (originally sponsored by Representatives Stonier and Santos)READSantosPrefiled FIRST04/28/19.AN TIME 02/05/20.AN ACT Relating to requiring comprehensive sexual health education, which includes affirmative consent curriculum, in all public schools by the 2022-23 school year in accordance with the recommendations of the sexual health education work group established in section 503(3) of the 2019-2021 omnibus operating appropriations act;

The curriculum, instruction, and materials used to provide the comprehensive sexual health education ((is))must be medically and scientifically accurate, age-appropriate, ((appropriateand appropriate for students regardless of gender, race, disability status, or sexual orientation))andorientation, inclusive of all students, regardless of their protected class status under chapter 49.60 RCW, and must include((s)) information about abstinence and other methods of preventing unintended pregnancy and sexually transmitted diseases.

In satisfying the requirements of this subsection (1)(a)(ii)(B), school district boards of directors must also, no later than the 2020-21 school year, consult with parents and guardians of students, local communities, and the Washington state school directors' association.(b) A public school may choose to use separate, outside speakers or prepared curriculum to teach different content areas or units within ((the))its comprehensive sexual health education program ((as long as))if all speakers, curriculum, and materials used are in compliance with this section.(c) Comprehensive sexual health education must be consistent with the Washington state health and physical education K-12 learning standards and the January 2005 guidelines for sexual health information and disease prevention developed by the department of health and the office of the superintendent of public instruction.(2) ((As used in chapter 265, Laws of 2007, "medically and scientifically accurate" means information that is verified or supported by research in compliance with scientific methods, is published in peer-review journals, where appropriate, and is recognized as accurate and objective by professional organizations and agencies with expertise in the field of sexual health including but not limited to the American college of obstetricians and gynecologists, the Washington state department of health, and the federal centers for disease control and prevention.))(a) Beginning in the 2021-22 school year, comprehensive sexual health education must be provided to all public school students in grades six through twelve.(b) Beginning in the 2022-23 school year, comprehensive sexual health education must be provided to all public school students that are not receiving comprehensive sexual health education under (a) of this subsection.(c)subsection.(3) The provisionoffice of comprehensivethe sexualsuperintendent of public instruction and the department of health educationshall tomake publicthe schoolWashington studentsstate ashealth requiredand byphysical (a)education K-12 learning standards and (b)the ofJanuary this2005 subsectionguidelines (2)for mustsexual behealth providedinformation noand lessdisease than:(i)prevention Onceavailable to studentspublic inschools((districts)), kindergartenteachers, throughand gradeguest three.speakers on their web sites.

InstructionWithin providedavailable inresources, accordancethe withoffice thisof subsectionthe (2)(c)(i)superintendent mustof bepublic instruction inand social-emotionalthe learningdepartment thatof ishealth consistentshall withalso learningmake standardsany andrelated benchmarksinformation, adoptedmodel bypolicies, thecurricula, or other resources available ((as well))on their web sites.(4) The office of the superintendent of public instructioninstruction, underin RCWconsultation 28A.300.478;(ii)with Oncethe todepartment studentsof inhealth, gradesshall fourdevelop througha five;(iii)list Twiceof tocomprehensive studentssexual inhealth gradeseducation sixcurricula throughthat eight;are consistent with the 2005 guidelines for sexual health information and disease prevention, the Washington state health and physical education K-12 learning standards, and this section.

and(iv)This Twicelist to((shall studentsbe inintended gradesto)), ninewhich throughmay twelve.(3)serve Theas a resource for schools, teachers, or any other organization or community group, ((and shall))must be updated ((no less frequently than))at least annually, and must be made available on the web sites of the office of the superintendent of public instruction and the department of healthhealth.(5) shallPublic makeschools thethat Washington((offer))provide statecomprehensive sexual health and physical education K-12are learningencouraged standardsto andreview thetheir January((sexual 2005health)) guidelinescurricula for sexual health information and diseasechoose preventiona availablecurriculum tofrom publicthe schools((districts)),list teachers,developed andunder guestsubsection speakers(4) onof theirthis websection. sites.

WithinAny available resources, the office of the superintendent of public instructionschool andthat the((offers))provides departmentcomprehensive ofsexual health shalleducation also,may andidentify, tochoose, theor extentdevelop permitted by applicable federal law, make any relatedother information,curriculum((,)) modelif policies,((the curricula,curriculum chosen or otherdeveloped))it resourcescomplies availablewith ((asthe well))onrequirements theirof webthis sites.(4)section.(6) TheAny officeparent ofor thelegal superintendentguardian ofwho publicwishes instruction,to inhave consultationhis withor theher departmentchild ofexcused health,from shallany developplanned ainstruction listin of comprehensive sexual health education curriculamay thatdo areso consistentupon filing a written request with the 2005school guidelinesdistrict forboard sexualof healthdirectors informationor andits diseasedesignee, prevention,or the Washingtonprincipal stateof healththe andschool physicalhis educationor K-12her learningchild standards,attends, andor thisthe section.principal's designee.

This list ((shall be intended to)), which may serve as a resource for schools, teachers, or any other organization or community group, ((and shall))must be updated ((no less frequently than))at least annually, and must be made available on the web sites of the office of the superintendent of public instruction and the department of health.(5) Subject to the availability of amounts appropriated for this specific purpose, the office of the superintendent of public instruction shall periodically review and revise, as necessary, training materials, which may be in an electronic format, for classroom teachers and principals to implement the applicable requirements of this section.

The initial review required by this subsection (5) must be completed by March 1, 2021.(6)(a) Public schools that ((offer))provide comprehensive sexual health education are encouraged to review their ((sexual health)) curricula and choose a curriculum from the list developed under subsection (4) of this section.

Any public school that ((offers))provides comprehensive sexual health education may identify, choose, or develop any other curriculum((,)) if ((the curriculum chosen or developed))it complies with the requirements of this section.(b) The office of the superintendent of public instruction shall provide technical assistance to schools and school districts that is consistent with the curricula review, selection, and development provisions in (a) of this subsection (6).(((6)))(7) Any parent or legal guardian who wishes to have his or her child excused from any planned instruction in comprehensive sexual health education may do so upon filing a written request with the school district board of directors or its designee, or the principal of the school his or her child attends, or the principal's designee.

In addition, any parent or legal guardian may review the comprehensive sexual health education curriculum ((offered))provided in his or her child's school by filing a written request with the school district board of directors, the principal of the school his or her child attends, or the principal's designee.(((7)designee.(7) The office of the superintendent of public instruction shall,((shall)), through its Washington state school health profiles survey or other existing reporting mechanism, ask((ask))shall public))(8)(a)request Publicpublic schools ((to))shall annually, by September 1st, identify to the((identify officeany))submit of the superintendent of public instruction any curricula used by the school to provide comprehensive sexual health education((,education((,)). and shall report the results of this inquiry to the legislature on a biennial basis, beginning with the 2008-09 school year))as required by this section.

MaterialsSchool provideddistricts byshall schoolssubmit underthe thisrequested subsectioninformation (8)(a)in musta alsotimely describemanner howand the provided classroom instruction aligns with the requirements of this section.(b) The office of the superintendent of public instruction shall summarize and, in accordance with RCW 43.01.036, report the results provided under (a) of this((this subsectioninquiry))the (8)submissions to the educationlegislature committeeson ofa thebiennial housebasis, of representatives and the senate biennially, beginning afterwith the 2022-232008-09 school year.(((8)))(9)year.(8) The requirement to report harassment, intimidation, or bullying under RCW 28A.600.480(2) applies to this section.(10)section.(9) Nothing in this section expresses legislative intent to require that comprehensive sexual health education, or components of comprehensive sexual health education, be integrated into curriculum, materials, or instruction in unrelated subject matters or courses.(11) For the purposes of this section:(a) "Affirmative consent" means a conscious and voluntary agreement to engage in sexual activity as a requirement before sexual activity;(b)activity; "Comprehensive sexual health education" means recurring instruction in human development and reproduction that is age-appropriate and inclusive of all students, regardless of their protected class status under chapter 49.60 RCW.

Alland(b) information,"Medically instruction,and scientifically accurate" means information that is verified or supported by research in compliance with scientific methods, is published in peer-reviewed journals, where appropriate, and materialsis usedrecognized as accurate and objective by professional organizations and agencies with expertise in providingthe comprehensivefield of sexual health educationincluding mustbut benot medicallylimited to the American college of obstetricians and scientificallygynecologists, accurate.the Washington state department of health, and the federal centers for disease control and prevention.--- END ---

Comprehensive sexual health education for students in grades four through twelve is consistent with the January 2005 guidelines for sexual health information and disease prevention developed by the department of health and the office of the superintendent of public instruction and must include information about:(i) The physiological, psychological, and sociological developmental processes experienced by an individual;(ii) The development of intrapersonal and interpersonal skills to communicate, respectfully and effectively, to reduce health risks and choose healthy behaviors;(iii) Health care and prevention resources;(iv) The development of meaningful relationships and avoidance of exploitative relationships;(v) Understanding the influences of family, peers, community, and the media throughout life on healthy sexual relationships;

and(vi) Affirmative consent and recognizing and responding safely and effectively when violence, or a risk of violence, is or may be present with strategies that include bystander training;(c) "Medically and scientifically accurate" means information that is verified or supported by research in compliance with scientific methods, is published in peer-reviewed journals, where appropriate, and is recognized as accurate and objective by professional organizations and agencies with expertise in the field of sexual health including but not limited to the American college of obstetricians and gynecologists, the Washington state department of health, and the federal centers for disease control and prevention;

and(d) "Public schools" has the same meaning as in RCW 28A.150.010.--- END ---